Victims and Courts Bill (Third sitting)

Anneliese Midgley Excerpts

Committee stage
Thursday 19th June 2025 Public Bill Committees

[The Chair]

With this it will be convenient to discuss clause 2 stand part.

[Anneliese Midgley (Knowsley) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Stringer. I just want to say a few words about the provisions in this Bill on attending sentencing hearings and related prison sanctions, because this issue is incredibly personal to me. I do not think we would be sitting in this Committee today, with this Bill in our hands, without my constituents Cheryl Korbel and Antonia Elverson, who have fought hard to make this happen.

Many of us will know Cheryl’s story: just quickly, for the record, her nine-year-old daughter, Olivia Pratt-Korbel, was tragically shot and killed in their own home in 2022. As if that was not horrific enough, the man who killed her, Thomas Cashman, did not turn up to court and did not attend that sentencing hearing, which meant that Cheryl did not get to read her victim impact statement out to him. There was confusion at the court; she did not know what was happening, and it came very late in the day. This has been a source of pain, because she felt out of control and that she had a lack of agency.

In my first surgery, Antonia and Cheryl came in and told me about their case, and I have had the pleasure and the privilege of supporting them. I want to thank the Government and put on record today that I have been in every meeting with them, with the Prime Minister, the Lord Chancellor and this Minister, my hon. Friend the Member for Pontypridd. That was not just consultation; it was Antonia and Cheryl’s suggestion about sanctions and attending the sentencing hearing that put this measure in the Bill. I thank the Government for listening to and acting for people. I know that there were other families on the frontline who were listened to as well.

This measure is because of those family members, and I pay tribute to them. This is what a Government can do when they really listen to people and act in that reality. That is why we have this Bill today.

[Alex Davies-Jones]

I thank my hon. Friend for that powerful speech. I place on the record my thanks to her and her constituents for all of the brilliant work that they have done in ensuring this measure becomes law, and to ensure that no other families have to face what her constituents and, sadly, many other families have had to face.

I will speak to both clauses 1 and 2 at the same time, as they are very much linked. In recent years, as we have heard, several murderers—most recently Lucy Letby and Kyle Clifford—have refused to attend their sentencing hearings. That causes victims’ families significant further distress. It can be seen as a final insult, denying the families the opportunity to see the full administration of justice for their loved ones and allowing offenders to avoid having to hear and confront the consequences of their horrific crimes. The provisions in clause 1 and 2 recognise the impact that such behaviour has on victims and their families in compounding their trauma.

Clause 1 inserts proposed new sections 41A and 41B into a new chapter 2A within part 3 of the Sentencing Act 2020. Proposed new section 41A introduces an express statutory power for the Crown court to order an offender to attend their sentencing hearing. It makes clear that an offender who refuses to attend their hearing without reasonable excuse commits a contempt of court, meaning that adult offenders are liable for an additional two years’ custody and/or an unlimited fine, or, in the case of a child offender, a maximum penalty of £2,500. That also applies to offenders who, following an order to attend, commit contempt by misbehaving or disrupting the proceedings and are removed as a result.

Proposed new section 41A makes it clear that, for adult offenders, reasonable force, where necessary and proportionate, can be used to give effect to the court’s order to deliver them for their sentencing hearing. The final decision on whether to use reasonable force will remain with the prison and escorting staff. Children will not be subject to reasonable force for this purpose, in line with existing policy.

The second part of clause 1, proposed new section 41B, goes further than ever before by introducing a new power for Crown court judges also to impose prison sanctions on any adult offender who is subject to an attendance order and commits a contempt of court by refusing, without reasonable excuse, to attend their sentencing hearing, or who attends, but is removed from the hearing because of their conduct. That can be instead of or alongside any other punishment imposed by the court.